(영문) 서울고등법원 2013.10.17 2013노2588 | 리걸엔진

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(영문) 서울고등법원 2013.10.17 2013노2588

특정범죄가중처벌등에관한법률위반(절도)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years of imprisonment) imposed by the Defendant and the respondent for the attachment order (1) by the lower court on the Defendant and the respondent for the attachment order (hereinafter “Defendant”) is too unreasonable.

(2) Although there are special circumstances under which disclosure or notification of personal information should not be disclosed or notified to the illegal defendant of the disclosure or notification order, it is improper for the court below to order the defendant to disclose or notify personal information.

B. Prosecutor (1) The sentence imposed by the lower court on the Defendant is too uneasible and unreasonable.

(2) The court below erred by misapprehending the legal principles that the defendant dismissed the defendant's request for attachment order even though the defendant is at risk of repeating a crime.

2. Determination

A. (1) As to the assertion of unfair sentencing by the Defendant and the prosecutor on the part of the Defendant case, the lower court sentenced two years of imprisonment in consideration of the circumstances that the Defendant committed the instant crime even during the period of repeated crime due to robbery, etc., as stated in the judgment of the lower court, even though he was sentenced several times of punishment for robbery, etc., as well as the crime of robbery, injury by robbery, etc. as stated in the first head among the criminal facts in the judgment of the lower court, and the victims were punished.

In full view of all the sentencing conditions, including the above circumstances, Defendant’s age, character and conduct, family environment, background leading to the instant crime, and circumstances after the commission of the crime, the lower court’s punishment is appropriate, and cannot be deemed unreasonable because it is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

(2) As to the defendant's improper assertion of disclosure and notification order, Paragraph (2) of the judgment of the court below.

유사 판례

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-부산고등법원 2014.08.20 2014노177

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